Divorces can be lengthy and expensive, but if you and your spouse agree on all issues, they don’t have to be. You may want to consider an uncontested divorce, also known as a simplified dissolution of marriage. This option is available to people in Lake Mary and other parts of Florida. When you undergo this process, rather than litigation, you can finalize your divorce efficiently without as much stress, time and legal costs.
Understanding Simplified Divorce
In a simplified divorce, both parties are in full agreement on all terms. These terms may include:
- Property division
- Financial matters
- Child-related issues
The way this works in Seminole County, Florida is that one party may hire an attorney to prepare the necessary documents, or both parties may proceed without attorneys involved in the process. Under Florida Bar ethical rules, an attorney may represent only one spouse in a divorce case. If an attorney is retained, they typically represent the Petitioner only.
Documents Needed for an Uncontested Divorce
When the Petitioner is represented by counsel, the attorney generally prepares and files the following documents:
- Petition for Dissolution of Marriage
- Marital Settlement Agreement
- Notice of Filing Petitioner’s Florida Driver’s License
(Driver’s license must be issued at least six (6) months before filing to establish Florida residency) - Notice of Social Security Number of Petitioner
- Notice of Related Cases
- Financial Affidavit of Petitioner or a Joint Verified Waiver of Filing Financial Affidavits
- Name Change Affidavit pursuant to Florida Statute § 68.07(3)(k), if a name restoration is requested
Before the court enters a Final Judgment, the Respondent must file:
- A Florida Supreme Court Financial Affidavit (if no waiver was filed), and
- A Florida Supreme Court Social Security Number Form pursuant to Florida Statute § 61.052(7).
When Minor Children Are Involved
If the parties share minor children, Florida law requires additional filings, including:
- COPE (Children Coping with Divorce) Class Certificate
- Affidavit of UCCJEA / Dependency Action
- Child Support Guidelines Worksheet pursuant to Florida Statute § 61.13(1)(d)(1)
- Affidavit Regarding Juvenile Dependency
- Notice of Social Security Number for the Children
- A fully executed Parenting Plan signed by both parents
No Need for Court
In many uncontested divorce cases, when the Petitioner is represented by an attorney and all paperwork is properly filed, neither party is required to appear in court or attend a virtual hearing. The divorce may be finalized as soon as twenty (20) days after the Respondent is served with a Summons or signs an Acceptance of Service. This saves families months or even years of litigation.
Benefits of an Uncontested Divorce
An uncontested divorce comes with many benefits, including faster resolution, lower legal costs, reduced emotional stress, minimal court involvement, and more control over outcomes. Contested divorces can last 18 months to three years. Uncontested divorces allow families to move forward efficiently and with dignity. If you are considering an uncontested divorce, legal guidance can help ensure all documents are properly prepared and filed.
If you have more questions regarding a Marital and Family Law matter, Guardianship or Estate matter you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and arrange an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com
This article is for informational purposes only and does not form an attorney-client privilege.